Employment at Will
Employment-at-Will
Eric Tompkins
Prof. James Vricos
LEG500 - Law, Ethics, and Corp. Governance
24 January 2013
Strayer University
As a manager and supervisor of an accounting division, examine the following issues in
relation to the employment-at-will doctrine and responsibility of an employer based on actions
and responses to the employee’s conduct and actions. Jennifer, a recent graduate, has recently
been hired by your accounting firm out of college. Upon being hired, she engages in a number of
different behaviors that need your attention.
1. Describe what steps you would take to address the following scenario involving skills,
competence, and abilities:
In the first scenario, the employee consistently demonstrates the lack of ability to learn
the computer applications which are fundamental to her job responsibilities. However, she insists
that she is “a good worker and a genius” and argues that her boss does not “appreciate her”.
It may also be reasonable to assume, and perhaps more equitable, that Jennifer is not learning
the needed fundamentals within an established time frame. Despite months of training and
support, she remains unable to use the computer applications to be productive and efficiently
complete the required tasks. According to the employment-at-will doctrine, the company for
which Jennifer works, has the option to legally terminate her employment ("The at-will
presumption," 2012). The company can also legally release her even if they stated that she was
not performing their job successfully. At-will also means that an employer can change the terms
of the employment relationship with no notice and no concerns. To illustrate, an employer can
modify wages, terminate benefits, or reduce paid time off. In its pure form, the U.S. at-will rule
leaves employees defenseless to random and sudden dismissal, a limited or on-call work
schedule depending on
Eric Tompkins
Prof. James Vricos
LEG500 - Law, Ethics, and Corp. Governance
24 January 2013
Strayer University
As a manager and supervisor of an accounting division, examine the following issues in
relation to the employment-at-will doctrine and responsibility of an employer based on actions
and responses to the employee’s conduct and actions. Jennifer, a recent graduate, has recently
been hired by your accounting firm out of college. Upon being hired, she engages in a number of
different behaviors that need your attention.
1. Describe what steps you would take to address the following scenario involving skills,
competence, and abilities:
In the first scenario, the employee consistently demonstrates the lack of ability to learn
the computer applications which are fundamental to her job responsibilities. However, she insists
that she is “a good worker and a genius” and argues that her boss does not “appreciate her”.
It may also be reasonable to assume, and perhaps more equitable, that Jennifer is not learning
the needed fundamentals within an established time frame. Despite months of training and
support, she remains unable to use the computer applications to be productive and efficiently
complete the required tasks. According to the employment-at-will doctrine, the company for
which Jennifer works, has the option to legally terminate her employment ("The at-will
presumption," 2012). The company can also legally release her even if they stated that she was
not performing their job successfully. At-will also means that an employer can change the terms
of the employment relationship with no notice and no concerns. To illustrate, an employer can
modify wages, terminate benefits, or reduce paid time off. In its pure form, the U.S. at-will rule
leaves employees defenseless to random and sudden dismissal, a limited or on-call work
schedule depending on
References: Employee rights. (2012). Retrieved from http://www.nlrb.gov/rights-we-protect/employee-rights Employer: At will employment faqs. (2012). Retrieved from http://labor-employment-law.lawyers.com/human-resources-law/Employer-At-Will- Employment-FAQ.html Morreaux. (2012). The roles of unions or hr in the workplace. Retrieved from http://smallbusiness.chron.com/roles-unions-hr-workplace-19066.html The at-will presumption and exceptions to the rule. (2012). Retrieved from http://www.ncsl.org/issues-research/labor/at-will-employment-overview.aspx